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Judgment
Ahanthem Bimol Singh, J
Heard Mr. Y. Nirmolchand, learned senior counsel assisted by Mr. L. Raju, learned counsel appearing for the petitioner and Mr. A. Vashum, learned GA appearing for the respondents.
The issue involved in the present writ petition in short is that, by order dated 26-11-2016 issued by the Joint Secretary, Education (S), Government of Manipur, approval of the Government was given to the conversion of Ch. Thamboumacha Aided High School to a full-fledged Government High School as well as absorption of the employees of the said school including the present petitioner as Chowkidar of the said school.
After the said conversion, the State Level Selection Committee/DPC in its meeting held on 28-12-2016 recommended the candidates including the present petitioner for appointment/absorption to their respective posts. Pursuant to the said recommendation of the State Level Selection Committee/DPC, the State Government issued appointment order dated 02-01-2017 appointing altogether 28 (twenty eight) teaching and non-teaching staffs, however, the name of the petitioner was not included in the said appointment order. Having been aggrieved, the petitioner approached this Court for redressal of his grievances.
The stand of the Government is that, conversion and absorption of the staffs of the said school was subject to the condition that the employees should possess the minimum eligible qualification as prescribed under the relevant recruitment rules enforced at the time of conversion of the school, however, as the petitioner did not possess the requisite educational qualification of Class – X as prescribed under the relevant rule, his name was not included by the Government in the appointment order.
Subsequent to the filing of the present writ petition, the petitioner filed an additional affidavit wherein, he has stated that he passed Class – X Examination in April, 2020 and enclosed the relevant educational certificate and stated that as the petitioner is now in possession of minimum qualification prescribed under the relevant recruitment rule, there is no impediment in appointing the petitioner against the post of Chowkidar pursuant to the recommendation made by the State Level Selection Committee/DPC.
Mr. A. Vashum, learned GA appearing for the State respondents submitted that he will require necessary instructions from the concerned authorities as to whether there is any impediment in appointing the petitioner in view of the subsequent development and therefore sought for 10 days’ time to get necessary instructions.
As prayed for, list this case again on 8th August, 2022.
Registry is directed to furnish a copy of this order to Mr. A. Vashum, learned GA through his WhatsApp/e-mail.